TERMS & CONDITIONS
It is understood and agreed that the information provided by the customer during the development of their startup business may include certain information that is and must be kept confidential. To ensure the protection of such information and to preserve any confidentiality necessary under patent and/or trade secret laws, it is agreed that:
The Confidential Information to be disclosed can be described as and includes invention descriptions, technical and business information relating to proprietary ideas and inventions, patentable ideas, trade secrets, drawings and/or illustrations, patent searches, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.
FASTBRAND and its employees and developers agree not to disclose the confidential information obtained from the discloser to any third party unless required to do so by the customer or by law.
FASTBRAND hereby asserts its prerogative to utilise excerpts from conversational transcripts within its platform for the purposes of marketing and promotion, ensuring said excerpts refrain from including any confidential information pertaining to its clients or their customers that is not already in the public domain.
This Confidentiality Clause states the entire agreement between both parties concerning the disclosure of Confidential Information. Any addition or modification to this Confidentiality Clause must be made in writing and signed by the parties.
If any of the provisions of this Confidentiality Clause is found to be unenforceable, the remainder shall be enforced as fully as possible, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Clause as a whole. WHEREFORE, both parties (The Customer, FASTBRAND, and its employees and developers) acknowledge that they have read and understand this Clause and voluntarily accept the duties and obligations set forth herein.
EXPERT ADVICE & RECOMMENDATIONS:
FASTBRAND is a Professional Service Providing Company specializing in the Setting-up and Development of new Startup Companies. Our implementation strategy for the development of a new business is based on solid market research, latest technologies, search engine algorithms, and what will work for the specific industry and target market.
While, in certain cases, the customer may not like or agree with the approach or the use of certain elements of the business development, FASTBRAND’s end goal is to deliver a viable and well-defined startup business with a strong and visible brand that will appeal to its customers and with a high growth potential and success rate.
Our Team of Experts will implement the best possible expert advice and recommendations for the development of the new business that include, but are not limited to: The Name of the Business, a Redefined business idea, Business Slogan, URL Domains, Social Media Links, Web Design and Layout, Color Scheme, Copywriting, Images & Photos, Company Logos, Company Stationery, Marketing Designs, etc. FASTBRAND will allow customer input before the implementation of name registration and during critical milestones of the project.
NAME RESERVATIONS & REGISTRATIONS:
The first step of the business development is to reserve, finalize, and secure the registered company name, Website URLs, Social Media Usernames, as well as other names before we can continue with the rest of the development. To have an emotional attachment to a desired name might be detrimental to the desired outcome of your business success.
The final decision and selection of names and URLs are based on the availability, viability, SEO, effectiveness, and other considerations that will raise the potential success of the business. FASTBRAND will, therefore, recommend a final name and abbreviations based on all the factors mentioned and as close to your preference as possible but cannot guarantee that you will be able to secure or register your desired names or URLs.
FASTBRAND provides 1-year free hosting, updates, and a support system for all your online websites and platforms, which are included in all the Solution packages. The hosting, updates, and support also include one free monthly Website update. To allow FASTBRAND to develop your new online platforms effortlessly and provide 1-year free web hosting, updates, and support, all websites and domains need to be hosted with FASTBRAND for 1 year.
Should you have existing registered website domains hosted with a third party, FASTBRAND will not be able to have control over the status of hosting, domain renewals, or email if not hosted with FASTBRAND.
We, therefore, request that the domains be transferred to FASTBRAND’s dedicated Web Servers at XNeelo.co.za, and that any outstanding fees owed to your current host be settled in full. Alternatively, C-Panel details need to be provided to FASTBRAND to request the domain transfers on your behalf. Should there be a hold on the transfer of your domain by your current Website host, FASTBRAND will cede the right to the C-panel Access Details for the duration of the hold.
Should you not have an existing Website Domains, FASTBRAND will register the domains on your behalf and act as your Webmaster for 1 year, after which you can decide to continue your Web Hosting with FASTBRAND or to move your domains to another Web Host and terminate your hosting contract.
ANNUAL WEBSITE HOSTING:
Annual Website hosting is charged at a monthly rate as advertised on the FASTBRAND Website. Should you decide to continue hosting your Websites and Domains with FASTBRAND after the 1-year free hosting, your hosting will automatically renew for another year at the monthly hosting rate as advertised on the website.
Should you decide to move your websites to another Web Host and cancel your website hosting with FASTBRAND, you will have to give your cancellation notice in writing (email@example.com) 3 months (three) in advance from the Web host renewal date.
SEO (SEARCH ENGINE OPTIMIZATION):
FASTBRAND provides a service of implementing Search Engine Optimization in the form of structural integrity of your web pages, page titles, meta tags, page links, professional copywriting, image rename, social media integration, and more. We cannot, however, guarantee the rankings or the page position on search engines.
SCOPE OF SERVICE
The delineation of services shall be collaboratively determined based on the client’s size and needs, as discussed and agreed upon between the contracting parties. It encompasses the particulars outlined in the proposal, and project development shall commence upon the initiation of the first payment. In recognition that the project’s deliverables are contingent upon complexity and system accessibility, a fixed sign-off date shall not be prescribed; rather, it shall constitute an ongoing and continuous development process.
The initial development period may span from 5 days to three months. Fastbrand undertakes responsibility for the maintenance and support of the client’s products and systems. Any additional work shall be subject to separate charges, or if agreed upon, integrated into the monthly billing amount.
SERVICE LEVEL AGREEMENT
Execution of the service level agreement or contract is a prerequisite before the initiation of development.
The contract must be signed by the duly authorized representative of the client company. Fastbrand Technologies solemnly commits to furnishing a monthly report detailing services rendered, product performance, and proposed alterations. In the event of problems, support needs, or disputes, the client is obligated to utilize provided resources, tools, and channels for reporting and communication.
No initial installations are required, and Monthly Service Management Fee Payments shall strictly adhere to the terms stipulated in the signed contract. Usage fees are to be remitted directly to relevant third-party service providers.
Fastbrand expressly disclaims responsibility for service disruptions resulting from third-party payment failures. Monthly payments are to be settled on the same day as the initial payment, with any alterations necessitating a written request from the client’s financial representative. Failure to settle outstanding payments within 10 days may result in service suspension.
CONTRACT DURATION & CANCELLATION
The Managed Service Provider Agreement remains valid for the duration specified in the original contract.
Upon reaching the end of the contract period, the agreement will automatically renew for another cycle, in accordance with the terms outlined in the initial contract.
Should the client wish to terminate the service, a written notification must be submitted to Fastbrand Technologies at least two months prior to the conclusion of the contract period.
This advanced notice allows both parties to properly conclude the existing arrangement and facilitates a smooth transition out of the contractual relationship.
LIABILITY AND INDEMNITY
In the course of this Managed Service Provider Agreement, it is imperative to clearly define the extent of liability for both parties involved. Fastbrand Technologies, as the service provider, holds liability for any direct damages incurred by the client due to a breach of contract or negligence on our part.
However, it is crucial to note that our liability is limited to the total fees paid by the client within the six months preceding the incident giving rise to the claim.
In the event of third-party claims arising from the services provided under this agreement, both parties agree to cooperate in the defense against such claims.
The client, in turn, agrees to indemnify and hold Fastbrand Technologies harmless from any liabilities, costs, and expenses incurred in relation to third-party claims, unless these claims result from the gross negligence or willful misconduct of Fastbrand Technologies.
This indemnification clause is designed to protect both parties from undue financial burdens and ensures a fair distribution of responsibility in the face of unforeseen legal challenges.
Ownership of the software (Management Portal) and operational platforms shall remain vested in Fastbrand Technologies or the designated third-party providers. Conversational design, infrastructure, pipelines, workflows, and automation shall constitute the proprietary assets of Fastbrand. Information, materials, documentation, images, or media provided by the client shall retain their status as the client’s property.
Contact or personal information, conversations, voice notes, documentation, images, or media shall similarly remain the exclusive property of the client. API connection codes, language scripts, and code generated by Fastbrand are the intellectual property of Fastbrand.
Graphical designs produced by Fastbrand, and remunerated by the client, shall unequivocally remain the property of the client.
The Customer will need to ensure that he/she has the copyright or permission for the use of all material, concepts, information, business ideas or anything submitted for the business development.
FASTBRAND or any of its employees, developers, affiliates and agents involved in the business development project will not be liable or held responsible for any copyright infringements and disputes.
DATA PROTECTION AND PRIVACY
Fastbrand Technologies is committed to compliance with all relevant data protection laws and regulations in the provision of services under this agreement.
The client acknowledges that any personal data shared with Fastbrand Technologies will be handled and processed in accordance with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR), the Protection Of Personal Information Act (POPI), and other regional or national data protection laws.
To ensure the privacy and security of personal data, Fastbrand Technologies will implement appropriate technical and organizational measures. These measures will include encryption, access controls, and regular security assessments to safeguard against unauthorized access, disclosure, alteration, and destruction of personal data.
Fastbrand Technologies will use personal data solely to provide the agreed-upon services and will not disclose or transfer such data to third parties without the explicit consent of the client unless required by law.
The client is responsible for providing accurate and up-to-date personal data and ensuring that they have the necessary legal basis for the processing of such data.
Both parties acknowledge their respective responsibilities in maintaining the privacy and confidentiality of personal data, fostering a collaborative effort to uphold data protection principles throughout this agreement.
In the event of any disputes or disagreements arising under this agreement, both parties agree to engage in good-faith negotiations to resolve the matter amicably. If the dispute cannot be resolved through negotiations within a reasonable timeframe, the parties agree to enter into mediation with a neutral third party mutually agreed upon by both Fastbrand Technologies and the client.
Should mediation fail to result in a resolution, any unresolved disputes will be submitted to binding arbitration. The arbitration will be conducted by the rules of The Arbitration Foundation of Southern Africa (AFSA), and the decision rendered by the arbitrator will be final and binding on both parties. The arbitration proceedings will take place in [Pretoria, Gauteng, South Africa, unless otherwise agreed upon by both parties.
This agreement is governed by the laws of [Gauteng, South Africa, and any legal action or proceedings related to or arising out of this agreement shall be brought exclusively in the courts located within Pretoria, Gauteng, South Africa. Both parties hereby consent to the personal jurisdiction of such courts and waive any objection to venue in those courts based on inconvenient forum or any other basis. This dispute resolution mechanism ensures a fair and efficient process for addressing conflicts, promoting a collaborative approach to dispute resolution between Fastbrand Technologies and the client.
APPLICATIONS & FORMS
FASTBRAND provides an online application form for service applications.
All form fields need to be completed in full and as accurately as possible to avoid unnecessary cost delays or frustrations.
Additional forms will be provided to the customer to request additional information depending on the chosen development package.
PROJECT PROGRESS AND SPECIFICATIONS
To start your new business setup development you need to complete the online application form.
You will receive a project invoice that needs to be paid in full before we will start with the development of your project.
Once we receive payment a Development Team will be assigned to your project.
You will receive login details to your online profile and gain access to BD TOOKIT– our online project development platform where you will be able to track the progress of your project, milestones, phases and tasks that are assigned to your team.
Your Team will constantly update the progress of each of their tasks and may request additional information to be submitted or uploaded from time to time.
Any additional changes or requests can be made after the development at normal development rates and time schedules.
INVOICING & PAYMENTS
Recurring payments plans are processed via the Fastbrand payment gateway portal (https://paygate.com). A Payment link will be provided during the client onboarding process.
As soon as FASTBRAND receives your first payment, you will be invoiced for the relevant development plan.
Payments can be made by either Direct Bank Deposit, EFT (Electronic Funds Transfer) or PayPal.
ACCOUNT HOLDER: FASTBRAND TECHNOLOGIES
BANK: First National Bank
ACCOUNT NUMBER: 6274 0079 563
BRANCH CODE: 222026
Please use your Invoice Number as reference and send your proof of payment to firstname.lastname@example.org. Once we receive confirmation of payment in our bank account we will get your project started.
FASTBRAND makes use of the following communication platforms:
- Email: Email communication will be sent to the customer’s registered email address as indicated on the application submission form.
- WhatsApp: You and your development team will be added to a dedicated WhatsApp group using the cellphone number provided as will be indicted on the application submission form.
- Customers may be contacted through skype. This will require you to create a Skype account should it be required.
- BD Toolkit: Our online Business Development Portal provides a comment section for each phase and a general project comment section used to communicate with your development team. The platform also provides the possibility to send messages to individual Team Members or to everyone working on the project at once.
Customers may not contact any of the Development Team directly through email or phone call or discuss the project other than using the Development portal BD TOOLKIT.
Customers may not approach any of the Development Staff directly for any private work or to continue with their Business Development privately during or after the business development for as long as the Developer is contracted by FASTBRAND.
DOCUMENT UPLOADS & DOWNLOADS
The customer will be requested from time to time to upload required documents electronically through our online development portal BD TOOLKIT.
A notification email and WhatsApp message will be sent to the customer as a notification of the information requested.
Customers will be able to download documents and forms that will be made available either from BD TOOLKIT or their newly created Google Drive.
Final business handover documents, forms and designs will be available for download from the newly created business Google Drive
GRAPHICS & IMAGES & PHOTOS
Any graphics and images provided by the customer needs to comply to specification.
It is the customer’s responsibility to ensure that permission is granted by anyone that features in any photos on websites or designs.
PRINTS AND MANUFACTURING
FASTBRAND will only provide the artwork for your business cards, marketing material, fliers and pull-up banners and does NOT print or manufacture the products.
FASTBRAND will not take responsibility for any incorrect detail on printed media provided by the client.
The customer may request alterations of information on designs during the project development phase. Any additional alterations on designs will be charged at normal designing costs.
Colours on digital artwork may vary from physical printed products. It is the customer’s responsibility to consult their printers for colour samples of end products.
The Customer will receive a user account to login to the project development portal BD TOOLKIT (https://bdtoolkit.biz) after payment has been received.
The user may not share his/her login details with any third party nor abuse his/her right as a user of the BD TOOLKIT (https://bdtoolkit.biz) Platform.
LOSS OF GOODS
FASTBRAND will not be held responsible for the loss of data, goods, material, information or anything provided by the Customer to FASTBRAND during the Business Development Process due to technical, security breaches, equipment failure, third party hosting services, internet connections or for any other reason.